A  Digest  of  the  Laws  and  Practice  of 
all  the  States  of  the  Union 


IN  REFERENCE  TO  THE 


EMPLOYMENT  OF  CONVICTS 


PREPARED  BY 


RIVES  B.  HARDY, 

Assistant  Private  Secretary  of  the  Governor  of  Virginia 


ICHMOND 

DAVIS  BOTTOM,  SUPERINTENDENT  PUBLIC  PRINTING 

1911 


A  Digest  of  the  Laws  and  Practice  of 
all  the  States  of  the  Union 


IN  REFERENCE  TO  THE 

EMPLOYMENT  OF  CONVICTS 


PREPARED  BY 


RIVES  B.  HARDY, 

Assistant  Private  Secretary  of  the  Gotf£rnor  of  Virginia 


RICHMOND 

DAVIS  BOTTOM.  SUPERINTENDENT  PUBLIC  PRINTING 
1911 


?' 


i 


i 


33|,V 

H21J. 


DIGEST  OF  LAWS 

Relative  to  the  Employment  of  Convicts. 


The  questions  given  below  were  sent  by  the  Governor  of  Virginia 
to  the  Governor  of  each  of  the  States  of  the  Union,  with  the  request 
that  he  cause  the  same  to  be  answered  by  the  proper  officer  of  his  State. 
This  action  was  taken  in  order  to  secure  as  much  information  as  possi¬ 
ble,  with  reference  to  the  employment  of  convicts  by  the  several  States, 
to  be  considered  by  the  board  of  directors  of  the  penitentiary  and  mem¬ 
bers  of  the  General  Assembly  of  the  State  of  Virginia,  in  the  settlement 
of  the  question  of  the  employment  of  convicts  in  this  State,  the  present 
contract  for  their  labor  expiring  on  May  1,  1913. 

The  answers  to  those  questions  being  considered  as  extremely  in¬ 
teresting  and  valuable  information;  this  pamphlet  has  been  printed  for 
distribution  in  Virginia  and  among  the  executives  of  the  several  States. 

1.  Does  your  State  hire  its  convicts  to  manufacturing  corporations, 
and  if  so,  do  you  require  the  corporation  to  take  all  of  the  convicts  or  a 
certain  number  of  them? 

2.  If  all  the  convicts  are  not  hired,  is  the  corporation  permitted 
to  select? 

3.  How  long  does  your  contract  continue? 

4.  Do  you  receive  so  much  per  convict  without  regard  to  efficiency, 
or  are  the  convicts  graded  and  the  compensation  required  according 
to  grade? 

5.  What  is  the  compensation  per  diem  for  each  convict? 

6.  Do  you  hire  women  as  well  as  men,  and  if  so,  what  is  the  differ¬ 
ence,  if  any,  in  compensation? 

7.  Does  your  contract  call  for  a  minimum  number  of  convicts 
with  an  increase  in  compensation  when  a  larger  number  is  employed, 
and  a  decrease  when  a  smaller  number  is  furnished? 

8.  If  your  contract  covers  question  seven,  please  give  the  compen¬ 
sation  in  every  contingency. 

9.  Do  you  furnish  free  of  rent  the  factory  in  which  your  convicts 
work,  keep  it  in  repair,  and  provide  light  and  heat? 

10.  Do  you  furnish  free  of  charge  convicts  to  keep  the  factory 

clean? 

11.  Do  you  furnish  guards  at  the  expense  of  the  State  to  look  after 
the  convicts  while  at  work  and  maintain  discipline  and  enforce  rules? 

12.  If  you  have  any  other  information  of  interest,  please  give  it. 

To  tne  foregoing  questions,  the  following  answers  were  received, 
given  in  the  alphabetical  order  of  the  States,  some  answering  in  a 
general  way  and  others  giving  categorical  replies. 


4  Digest  of  Laws  Relative  to  the  Employment  of  Convicts. 


ALABAMA. 

With  the  exception  of  three  farm  contracts,  one  contract  with  the 
Alabama  Manufacturing  Company  at  North  Birmingham,  and  one  small 
turpentine  contract,  amounting  in  all  to  an  average  of  about  180  men, 
Alabama  has  no  State  convicts  hired  or  leased  out.  We  are  selling  the 
labor  of  400  convicts  to  the  Tennessee  Coal,  Iron  and  Railway  Com¬ 
pany;  using  about  600  at  Plat  Top,  Belle  Ellen  and  Lueile  in  mining 
coal  on  State  account  at  so  much  per  ton;  selling  the  labor  of  about 
500  to  three  saw  mill  corporations,  and  the  labor  of  fifty  to  one  com¬ 
pany  operating  a  turpentine  farm.  The  others  are  in  the  hospital  at 
Wetumpka  or  being  worked  on  the  State  farms  at  the  Walls  and  Speig- 
ner  and  in  the  factory  at  Speigner.  Thus  it  will  be  seen  that  in  prac¬ 
tice,  Alabama  has  abandoned  the  lease  system.  It. is  better  for  the 
State,  better  for  the  convicts,  and  better  for  the  individuals  who  have 
the  actual  personal  control  and  handling  of  the  convicts.  About  2,500 
prisoners.  Does  a  million  dollars  worth  of  business  annually,  at  close 
on  to  $500,000  net  profit  per  year  to  the  people. 


ARKANSAS. 

1.  Contract  work  on  railroad  by  and  under  authority  of  State  and 
its  officers.  Takes  all  convicts  not  employed  on  State  farm. 

2.  Not  permitted  to  select.  His  contract  calls  for  able-bodied 
laborers. 

3.  Usually  for  one  year.  Present  contract  expires  December  23, 
1910. 

4.  Uniformly  $1.00  under  present  contract. 

5.  See  No.  4. 

6.  Not  worked  on  contract  work. 

7.  Contract  calls  for  all  men  not  needed  on  farm.  Spring  and  fall 
contractors  have  minimum  number.  No  variation  in  price. 

8.  See  No.  7. 

9.  Do  you  not  furnish  factory,  light  or  heat. 

10.  No. 

11.  Yes. 

12.  Made  no  contract  for  less  than  $1  per  day  since  1900.  No 
trouble  in  getting  $1.  One  contract,  brief  period,  $1.40  per  day. 

CALIFORNIA. 

1.  No.  Has  large  jute  industry  and  work  800  convicts  manufac¬ 
turing  grain  bags.  Others  on  construction  and  road  work,  and  in  and 
about  institution. 

COLORADO. 

1.  No. 

Convicts  used  in  building  good  roads — the  counties  or  districts  in 
which  the  roads  are  built  furnishing  the  tools  used  in  road  building 
and  paying  in  addition  thereto  the  difference  in  the  cost  of  maintenance 


Digest  of  Laws  Relative  to  the  Employment  of  Convicts.  5 


between  v/hat  it  would  cost  to  maintain  the  convicts  at  the  penitentiary 
and  while  they  are  out  on  the  road.  Convicts  who  have  merited  confi¬ 
dence  of  warden,  and  have  earned  good  time,  are  allowed  to  work  on 
roads,  and  the  law  provides  for  a  diminution  of  their  sentence  of  ten 
days  out  of  every  thirty  days  for  work  on  roads,  this  puts  convicts 
on  good  behavior  and  no  guards  are  maintained  over  men  while  work¬ 
ing  on  roads,  a  certain  number  being  put  under  foreman  during  day, 
but  at  night  there  is  a  guard  of  one  or  two  trusty  convicts.  Loss  by 
convicts  escaping  very  small,  two  or  three.  Some  convicts  used  for 
farming  and  raising  produce  consumed  by  inmates  of  penitentiary. 

CONNECTICUT. 

1.  Portion  of  men  hired  direct  to  manufacturer;  smaller  portion 
worked  on  piece-price  plan. 

2.  No. 

3.  Five  years,  or  five  years  with  privilege  of  eight. 

4.  Shoe  department  pays  61c.  for  300  men,  and  30 y2c.  for  forty 
at  present,  or  all  above  300.  This  is  because  of  lack  of  shop  room.  Shirt 
shop  employs  about  100  or  110  men  that  receive  34c.  per  dozen  and 
$1,400  a  year  for  power. 

6.  No;  women  work  on  State  work. 

7.  No. 

8.  See  No.  7. 

9.  Yes. 

10.  One  convict  to  each  shop  to  sweep  out  refuse  and  water  the 

men. 

11.  Yes. 

12.  Library  of  over  8,000  volumes,  outside  text  and  school  books. 
Night  school  for  illiterates  three  nights  a  week  during  seven  months  in 

the  year. 


DELAWARE. 

Answtred  all  questions,  but  letter  stated  information  was  confidential. 

FLORIDA. 

0 

1.  Yes;  takes  entire  control  and  management,  subject  to  super¬ 
vision  of  State  commissioners,  of  all  prisoners. 

2.  The  contractor  sends  for  and  takes  charge  of  prisoner  at  place 
and  time  of  conviction. 

3.  Four  years. 

4.  So  much  per  convict  without  regard  to  efficiency. 

5.  Two  hundred  and  eighty-one  dollars  and  sixty  cents  per  annum 
per  capita,  payable  quarterly  in  advance. 

6.  Yes;  same  as  men. 

7.  No. 

9.  State  provides  prisons  and  contractor  bears  all  expense  of  main¬ 
tenance. 


6  Digest  of  Laws  Relative  to  the  Employment  of  Convicts. 


10.  No. 

11.  No. 

12.  All  expeu se  of  every  kind  and  description  borne  by  contrac¬ 
tor.  State  requires  bond  of  $100,000.00  for  faithful  performance  of 
contract. 

GEORGIA. 

1.  No. 

2.  Ceased  nearly  two  years  ago  hiring  out  any  convicts.  Practi¬ 
cally  all  of  them  are  now  worked  on  the  public  roads.  A  few,  such  as 
invalid  men  and  women  convicted  of  felonies,  are  worked  on  the  State 
prison  farm.  A  few  of  the  counties  have  farms  where  women  and  old 
or  cripple  men  convicted  of  misdemeanors  are  employed. 

IDAHO. 

1.  Does  not  hire  out  convicts  or  contract  for  their  labor  in  any  way. 

ILLINOIS. 

No;  had  to  cease  on  account  of  labor  agitation.  By  a  referendum 
vote  the  Constitution  was  amended  prohibiting  convict  labor. 

INDIANA. 

1.  Yes;  may  work  600  and  not  exceed  fifty  per  cent,  of  population 
over  600  for  not  over  eight  hours  a  day,  and  not  to  exceed  100  men 
on  any  one  contract,  except  at  an  industry  that  is  not  established  in  the 
State,  when  it  may  be  200. 

2.  Not  permitted  to  select  men. 

3.  Five  to  ten  years. 

4.  No. 

5.  That  varies  according  to  contract,  as  follows:  Cooperage, 

100  men,  42  and  44  cents  per  day;  granite  cutting,  100  men, 
52^  cents  per  day;  overall  factory,  100  men,  piece-price  plan;  shirt 
factory,  100  men,  piece-price  plan;  granite  cutting,  200  men,  65  cents 
per  day;  reed  chairs,  200  men,  65  cents  per  day. 

6.  No. 

7.  No. 

9.  Yes. 

10.  That  depends  upon  the  kind  of  a  factory;  ordinarily,  no. 

11.  Yes. 

12.  Sends  annual  report  and  recent  summarized  history  of  devel¬ 
opment  of  public  charities  and  corrections  in  Indiana. 

IOWA. 

1.  Yes,  but  do  not  require  the  corporation  to  take  all  the  prisoners. 

2.  The  warden  selects  the  prisoners. 

3.  Ten  years  at  one  prison;  five  years  at  the  other. 

4.  State  receives  uniform  rate.  Two  grades,  lumpers  or  chore 
men  and  mechanics. 


Digest  of  Laws  Relative  to  the  Employment  of  Convicts.  7 


5.  Sixty  cents  for  the  mechanics;  25  cents  for  chore  men. 

6.  No;  only  men. 

7.  No. 

9.  We  furnish  rent  free  and  keep  in  repair  and  provide  water  and 
light. 

10.  No. 

11.  Yes. 

12.  The  prisoners  do  piece  work  in  many  cases  and  when  task  is 
completed  get  credit  for  all  work  over  day’s  task.  Sometimes  make 
$5.00,  $15.00  and  $20.00  per  month. 

KANSAS. 

1.  No. 

2.  All  labor  performed  is  for  State.  Has  300  men  in  State  coal 
mine,  all  the  coal  being  shipped  to  the  various  State  institutions.  Has 
State  brick  plant  with  a  capacity  of  one-half  million  bricks  per  month, 
and  a  binder  twine  plant  with  a  capacity  of  three  million  pounds  of 
twine  per  year.  These  three  industries,  together  with  the  operation 
of  a  730  acre  farm,  keep  our  nine  hundred  prisoners  busy. 

KENTUCKY. 

1.  Yes;  all  able-bodied  convicts,  except  those  required  for  State 
work;  a  certain  number  to  each  contractor. 

2.  The  warden  assigns  men  to  different  contracts. 

3.  Four  years.  Fixed  by  statute.  Privilege  of  renewal  upon  three 
months’  notice  of  such  intention. 

4.  So  much  per  head  without  regard  to  efficiency. 

5.  At  Frankfort:  85c.  for  650;  77  V2c.  for  250;  75c.  for  150.  Ed- 
dyville:  57  %c.  for  150;  67  ^c.  for  100;  50c.  for  250  men. 

6.  Hire  about  thirty-five  at  Frankfort  at  30c.  per  head. 

7.  No. 

9.  Yes. 

10.  Yes. 

11.  Yes. 

12.  Two  penitentiaries — Frankfort  and  Eddyville.  Compensation 
higher  at  Frankfort  because  of  location,  etc.  Three  commissioners, 
elected  by  legislature,  manage  penitentiaries. 

LOUISIANA. 


1.  No. 

2.  Does  not  hire  out  or  let  out  by  contract,  in  any  manner  or 
form,  any  of  its  convicts.  This  system  was  abolished  about  twelve 
years  ago. 

MAINE. 


1.  No. 

2.  We  have  a  large  carriage  repository  in  our  prison  yard,  also 
a  very  large  harness  shop,  where  we  work  our  own  prisoners.  We 


8  Digest  of  Laws  Relative  to  the  Employment  of  Convicts . 


also  do  repairing  on  wagons  and  automobiles,  and  have  a  large  force 
in  a  blacksmith  shop.  Our  prison  help  is  worked  every  day  and  we 
are  carrying  on  a  good  business.  We  have  never  let  out  our  prisoners 
for  contracts  to  other  parties.  Our  men  are  in  good  health,  and  we 
believe  it  is  the  best  way  to  handle  them.  Of  course  it  requires  some 
little  expenditures  in  the  way  of  buildings  to  make  a  start,  but  many 
of  our  young  men  learn  trades  that  are  valuable  to  them  in  after  life. 
Of  course  this  applies  to  the  five  and  ten  year  men  mostly. 

MARYLAND. 

1.  Yes;  to  three  companies  at  present;  hollow  ware,  shirts  and 
brushes.  Specific  number  convicts  under  each  contract;  if  not  enough, 
then  divide  proportionately  between  contracts. 

2.  Not  permitted  to  select;  warden  assigns  prisoners. 

3.  Five  years. 

4.  Receive  so  much  for  each  prisoner  without  regard  to  efficiency. 

5.  For  making  hollow  ware,  60c.;  shirts,  50c.,  and  brushes,  55c., 
each  per  day. 

6.  Women  make  shirts,  and  we  get  same  price  as  for  men,  viz.:  50c. 

7.  No;  rate  is  same  no  matter  how  many  assigned  contractor. 

9.  One  contractor  pays  rent;  others  do  not.  We  keep  buildings  in 
repair  (not  machinery),  and  furnish  heat,  light  and  power. 

10.  No. 

11.  Yes;  convicts  never  out  of  control  of  prison  officials. 

12.  Warden  sets  day’s  task,  and  when  that  is  finished  prisoners  are 
paid  for  overtime  at  same  rate  State  gets. 

MASSACHUSETTS. 

"V 

1.  No. 

2.  No  contract  work  whatever  is  now  allowed;  nor  can  any  piece- 
price  agreements  be  made  except  for  cane-seating  chairs  and  making 
umbrellas.  All  the  work,  practically,  in  the  State  institutions  must  be 
done  on  public  account;  and  the  law  relative  to  making  goods  for 
public  use  provides  that  articles  and  materials  that  can  be  produced  by 
the  labor  of  prisoners  shall  be  purchased  by  the  public  institutions  of 
the  Commonwealth,  the  counties  and  certain  cities. 


MICHIGAN. 

1.  Yes,  but  this  system  will  be  abolished  December  30,  1911.  Take 
all  men  not  required  for  State  work.  Some  specified  number  of  men. 

2.  Assigned  by  prison  officials,  who  aim  to  give  prisoners  able  to 
do  fair  day’s  work. 

3.  Usually  ten  years. 

4.  Graded  A  and  B.  A,  those  who  can  do  fair  day’s  work;  B,  those 
mentally  and  physically  deficient,  so  can’t  do  full  day’s  work. 

5.  A  grade  men,  50c.;  B,  25c.;  but  out  of  400  have  only  twenty  to 
twenty-five  B  grade  men  on  contract,  as  can  be  better  used  about  prison. 


Digest  of  Laws  Relative  to  the  Employment  of  Convicts .  9 


6.  Women  sent  to  separate  institution  and  their  labor  not  con¬ 
tracted  for. 

7.  Calls  for  all  the  prisoners  the  State  wishes  to  assign,  and  no  in¬ 
crease  or  decrease  in  compensation  according  to  number. 

9.  We  keep  buildings  in  repair;  contractor  furnishes  heat,  light 
and  power. 

10.  One  in  each  shop  to  sweep  floors  and  run  errands  for  officers. 

11.  State  furnishes  men  to  enforce  discipline,  but  not  foremen  and 

instructors. 

12.  Task  usually  finished  by  2  o’clock;  prisoners  paid  same  rate 
for  overtime  as  State  gets. 

MINNESOTA. 

1.  Yes;  only  225  convicts. 

2.  No. 

3.  Expires  September  30,  1914. 

4.  So  much  per  convict  without  regard  to  efficiency,  on  piece-price 

basis. 

5.  Sixty-three  cents  per  day. 

6.  No. 

8.  Price  the  same  regardless  of  number  employed. 

9.  Yes. 

10.  No. 

11.  Yes. 

MISSISSIPPI. 

1.  No. 

2.  All  convicts  are  used  on  State  farms,  on  which  are  cultivated 
corn,  cotton,  hay,  oats,  some  wheat  and  other  agricultural  products. 
Some  years  ago  the  State  purchased  one  tract  of  20,000  acres  of  land, 
and  several  smaller  tracts.  This  land  was  cleared  up  by  the  convicts 
and  the  penitentiary  site  removed  from  Jackson,  the  walls  being  torn 
down  and  new  buildings  erected  on  the  various  farms  for  the  safe 
keeping  of  the  convicts.  The  farms  are  divided  into  “Camps”  of  about 
1,000  acres  each,  under  a  superintendent,  who  in  turn  is  under  the  general 
supervision  of  the  superintendent  of  the  penitentiary  and  a  board  of 
trustees.  The  value  of  the  penitentiary  property  in  this  State  is  about 
one  million  and  a  half  dollars,  and  the  net  annual  profit  over  and  above 
the  cost  of  maintenance  ranges  from  $125,000.00  to  $190,000.00. 

MISSOURI. 

1.  Yes;  a  portion  of  them. 

2.  Not  permitted  to  select. 

3.  Four  years. 

4.  So  much  per  convict.  Do  not  grade. 

5.  Seventy  cents. 

6.  Yes;  work  in  separate  establishment  and  all  for  same  contrac¬ 
tor;  compensation  40c.  per  day. 


10  Digest  of  Laws  Relative  to  the  Employment  of  Convicts. 


7.  No. 

9.  Yes. 

10.  Yes. 

11.  Yes. 

12.  Two  thousand  three  hundred  convicts  in  prison;  cannot  he  let 
under  contract  for  work  away  from  penitentiary. 

# 

MONTANA. 


1.  No. 

2.  The  Constitution  and  statutes  of  the  State  prohibit  the  contract¬ 
ing  for  the  labor  of  convicts  by  the  State.  Within  the  past  year  (1910) 
the  State  board  of  prison  commissioners,  which  is  charged  with  the 
administration  of  prison  affairs,  has  inaugurated  the  plan  of  employing 
a  few  of  the  prisoners  on  county  road  work,  this  work  being  confined 
to  highways  where  the  county  affected  was  unable  to  make  the  im¬ 
provement.  The  State  furnished  guards  for  the  prisoners  while  the 
authorities  furnished  teams  and  materials  necessary  in  prosecuting  the 
work.  Aside  from  this  the  prisoners  have  never  been  worked  outside 
the  prison  walls. 


NEBRASKA. 

1.  Yes;  two  contracts;  furnish  as  many  men  as  possible;  at  pres¬ 
ent  250  make  brooms,  100  make  shirts. 

2.  Warden  assigns  convicts  as  he  deems  best. 

3.  Broom  contract  expires  July  31,  1911;  shirt  contract  December 
31,  1911. 

4.  All  shirt  men,  62 %c.;  broom  men  start  on  one-fourth  and  ad¬ 
vance  to  one-half,  three-fourths  and  full  task,  which  is  55c.  per  day. 

5.  Shirt  makers,  6214  c;  broom  men,  55c. 

6.  No. 

7.  No. 

9.  On  shirt  contract,  yes;  on  broom  contract  we  receive  $200.00  a 
month  for  power,  rent,  heat  and  light. 

10.  Yes. 

11.  Yes. 

12.  Penitentiary  self-sustaining,  first  time  in  history;  427  convicts; 
legislature  appropriated  $121,000.00  biennial  maintenance;  expense  of 
institution;  the  per  capita  cost  less  than  40c.  per  day;  $121,000.00 
covers  all  expenses  of  officers  and  prisoners. 

NEVADA. 

1.  No. 

2.  There  is  no  law  in  this  State  providing  for  the  letting  of  con¬ 
vict  labor,  and  until  the  last  session  of  the  legislature  they  have  had 
absolutely  nothing  to  do.  The  last  legislature,  however,  passed  what 
is  locally  known  as  the  public  highway  law,  which  provides  for  the 
use  of  convict  labor,  under  governmental  supervision,  on  the  public 


Digest  of  Laws  Relative  to  the  Employment  of  Convicts.  1 1 


highways  of  the  State.  The  privilege  of  participating  in  this  work  is 
in  the  nature  of  a  reward  of  merit  and  is  ardently  striven  for  by  all 
the  inmates  of  the  State  prison.  It  is  considered  a  very  humane  act 
and  one  that  will  prove  of  substantial  benefit  to  the  State'*  at  large  as 

well. 

NEW  HAMPSHIRE. 

1.  Yes;  present  contract  requires  contractors  to  take  all  able- 
bodied  men. 

2.  Not  permitted  to  select. 

3.  Seven  years  from  July,  1906. 

4.  So  much  per  convict  without  regard  to  efficiency. 

5.  Forty-three  and  one-half  cents  per  diem. 

6.  Ail  women  work  for  State. 

7.  No. 

9.  Rent  free;  pay  for  repair  of  reasonable  wear  and  tear;  pay  for 

heat. 

10.  Contractors  pay  for  convicts  to  keep  shops  clean. 

11.  Yes. 

12.  Labor  computed  from  time-book  of  State  overseers,  and  set¬ 
tlement  made  by  it.  Contractors  furnish  steam  to  State  for  cooking, 
laundry,  and  other  purposes,  six  months  in  each  year.  Pay  for  water 
used  in  manufacturing. 


NEW  JERSEY. 

1.  Do  not  hire  convicts  to  corporations  except  as  specified  in  prison 
report. 

2.  Not  permitted  to  select. 

3.  Four  years. 

4.  So  much  per  convict  without  regard  to  efficiency. 

5.  Forty-one  cents. 

6.  No. 

7.  The  law  fixes  maximum  number;  cannot  be  greater  than  100 
on  any  industry. 

9.  Yes. 

10.  Yes. 

11.  Yes. 

jl2.  Sends  annual  report  for  1906-7-8  and  1909. 

NEW  YORK. 

Contract  labor  was  abolished  in  this  State  in  1884.  From  that 
date  until  January  1,  1897,  piece-price  and  State  account  systems  were 
in  use.  Since  January  1,  1897,  convicts  in  the  several  State  prisons 
nave  been  employed  in  manufacturing  supplies  for  the  use  of  the  insti¬ 
tutions  and  departments  of  the  State  and  its  political  divisions.  The 
shipments  of  these  supplies  amount  to  a  little  over  $900,000  a  year, 
and  while  its  financial  returns  are  not  as  great  as  the  contract  or  State 


12  Digest  of  Levies  Relative  to  the  Employment  of  Convicts . 


account  system,  we  have  found  it  very  much  more  satisfactory,  as  re¬ 
formatory  agencies  can  be  much  better  applied  with  our  present  sys¬ 
tem  than  with  the  others. 

NORTH  CAROLINA. 

We  do  not  employ  any  convicts  in  factories.  We  work  nearly  half 
of  them  on  a  State  farm  and  the  others  are  worked  on  railroads,  some 
being  paid  for  in  stock  and  others  being  paid  for  in  cash  by  contrac¬ 
tors,  from  whom  the  State  receives  $1.50  per  day  for  each  day’s  labor. 
The  State  furnishes  clothing,  food,  guards,  doctors,  etc. 

NORTH  DAKOTA. 


1.  No. 

2.  Has  a  twine  factory  in  the  penitentiary  and  manufactures  twine, 
wrhich  is  sold  to  the  farmers  of  the  State.  Also  has  a  brick  manufac¬ 
turing  plant.  Convicts  work  on  the  farm,  around  the  capitol  building 
and  the  Capitol  Street  Railway. 


OHIO. 

1.  No;  cannot  contract  for  labor  of  convicts;  all  contracts  have 
expired  and  between  600  and  7  00  men  working  closing  out  contracts. 

2.  Warden  assigns  men. 

3.  All  contracts  have  expired. 

4.  So  much  per  convict  without  regard  to  skill:  rated  able-bodied 
and  infirm. 

5.  Able-bodied,  85c.  per  day;  infirm,  65c.  per  day. 

6.  No;  make  clothes  for  inmates. 

8.  Must  be  satisfied  with  number  State  can  furnish. 

9.  State  furnished  factory  and  kept  in  repair;  contractors  fur¬ 
nished  light  and  heat. 

10.  No. 

11.  State  furnished  guards  to  enforce  discipline;  contractor  fur¬ 
nished  foremen  to  instruct  and  supervise  men. 

12.  Some  convicts  employed  making  supplies  for  State  institu¬ 
tions;  we  cannot  go  into  open  market.  Pace  to  face  with  problem  of 
employment  of  prisoners. 


OKLAHOMA. 

Constitution  prohibits  contracting  for  convict  labor.  Are  utilizing 
convicts  at  present  in  the  construction  of  a  penitentiary  and  reform 
school,  and  also  in  the  building  of  public  roads. 


OREO  ON. 

1.  Yes;  manufacturing  stoves;  not  less  than  150  and  as  many 
more  as  State  can  furnish  and  contractors  profitably  employ.  During 
past  year  contractors  have  employed  on  an  average  of  225. 


Digest  of  Laws  Relative  to  the  Employment  of  Convicts.  13 


2.  l\ot  permitted  to  select. 

3.  Present  contract  made  for  period  of  ten  years;  has  six  years 

to  run. 

4.  So  much  per  convict  without  regard  to  efficiency.  Work  nine 
hours  a  day;  greater  part  of  time  less. 

5.  Four  and  a  half  cents  per  hour. 

6.  Do  not  hire  women.  Rarely  ever  have  any  in  prison. 

7.  No. 

9.  Pays  $200  a  month  for  buildings,  water,  power,  etc.  State 
keeps  buildings  in  repair,  but  not  machinery. 

10.  Yes. 

11.  Yes;  and  also  to  see  that  prisoners  are  not  overworked  nor 
mistreated. 

12.  Thinks  contract  system  is  not  the  best.  Use  thirty  men  man¬ 
ufacturing  brick  for  State  institutions  but  not  for  sale.  Does  some 
road  work 

PENNSYLVANIA. 

in  this  State  there  is  no  system  of  convict  contract  labor.  We 
oelieve  that  the  only  one  who  really  benefits  under  this  system  is  the 
contractor,  and  think  that  the  State  should  itself  have  the  benefit  of 
any  profits.  We  also  think  that  a  convict  contract  labor  system  tends  to 
cause  trouble  in  discipline  and  is  of  no  benefit  to  the  prisoner  himself. 

RHODE  ISLAND. 

1.  Yes;  300  men  making  shirts  and  twelve  making  wire  goods. 
To  give  employment,  but  not  as  a  source  of  profit  to  the  State. 

2.  Not  permitted  to  select. 

3.  Five  years. 

4.  So  much  per  convict  without  regard  to  efficiency. 

5.  Thirty  cents  per  dozen  shirts,  making  usually  450  dozen  a  day. 
7.  Contract  calls  for  250  men,  and  not  less  than  an  average  of 

200  a  day  each  working  day.  Same  rate  of  pay. 

9.  Yes. 

11.  Yes. 

12.  Sends  report  and  copy  of  contract.  Use  some  men  on  farm; 
raise  hay  and  fodder,  and  supplies  for  prison  table. 

SOUTH  CAROLINA. 

1.  Yes;  contract  for  200  to  350  average  class;  total  number,  about 

900. 

2.  Any  selection  must  be  done  by  lessor  and  the  superintendent 
together. 

3.  Five  years. 

5.  Ffty-seven  and  one-half  cents  per  day  for  men  and  boys;  47*4c. 
per  day  for  women. 

6.  Yes;  see  question  five. 

7.  No;  not  as  wre  understand  this  question. 


14  Digest  of  Laws  Relative  to  the  Employment  of  Convicts. 


8.  Compensation  the  same,  no  matter  what  the  number,  from  200 
to  850,  after  one  month  “green  time”  without  pay. 

9.  Yos. 

10.  Yes. 

11.  Yes. 

12.  Convicts  whose  sentence  will  expire  in  less  than  six  months 
shall  not  be  included  in  our  hosiery  mill  workers. 

SOUTH  DAKOTA. 

1.  Contract  system  is  not  in  vogue. 

2.  We  have  here  a  shirt  factory  that  is  operated  on  the  piece- 
price  basis.  We  get  so  much  per  dozen  for  manufacturing  the  shirts, 
and  we  furnish  the  heat,  power  and  guard  force.  The  salary  for  the 
superintendent  for  this  department  is  paid  by  the  contractors.  The 
goods  are  shipped  here  by  the  manufacturers  and  the  finished  product 
is  taken  away.  We  have  nothing  to  do  with  the  selling  of  same.  We 
furnish  the  factory,  free  of  rent,  and  furnish  free  convicts  to  keep  it 
clean.  No  number  of  men  specified;  simply  furnish  what  men  we  can 
spare;  at  present  working  eighty-five  in  shirt  factory.  Also  have  a  twine 
factory  operated  on  State  account.  The  raw  material  is  imported  from 
the  Philippine  Islands  and  from  Yucatan,  Mexico,  and  the  manufac¬ 
tured  product  is  sold  direct  to  farmers. 

TENNESSEE. 

1.  Yes;  certain  number,  who  are  competent  to  do  the  work  for 
which  they  are  hired  to  perform. 

2.  Contractor  paying  highest  price  has  first  choice  of  men,  and 
next  highest  second  choice,  and  so  on. 

3.  Expires  July  1,  1915  (six  years). 

4.  So  much  per  convict,  according  to  choice. 

5.  Foundry,  $1.10;  harness,  65c.;  hosiery,  51c.;  shoes,  50c.;  pants, 
45c.  first  year  and  50c.  thereafter. 

6.  None. 

7.  No. 

9.  Contractors  pay  $7,500  for  rent  of  buildings;  State  heats  and 
keeps  in  repair;  contractors  furnish  water,  electric  current,  and  steam 
for  manufacturing  purposes. 

10.  No. 

11.  Yes. 

12.  State  reserves  first  choice  of  all  prisoners  to  a  maximum  of 
800  to  carry  on  its  mining  operations  and  other  help  at  prison. 

TEXAS. 

Not  hired  out  or  leased  to  manufacturing  corporations.  Within 
the  walls  are  manufactured  wagons,  furniture,  boilers  and  engines,  and 
clothing  and  shoes  for  the  convicts.  This  work  is  done  under  supervision 
of  warden  and  is  sold  through  the  finance  department  to  dealers,  no 


Digest  of  Laws  Relative  to  the  Employment  of  Convicts.  15 


retail  sales  being  attempted.  Formerly  all  convicts  used  on  farms  were 
worked  by  contract  on  a  monthly  wage,  but  all  contracts  for  farm 
labor  are  being  done  away  with.  State  owns  five  farms.  Upon  two  of 
them  splendid  sugar  mills  are  in  operation.  Sales  from  these  sources 
this  year  amount  to  two  and  a  half  million  dollars  approximately.  The 
present  system  is  committed  to  work  of  transferring  prisoners  from 
lease  and  contract  farms  to  State  farms,  and  inside  walls,  in  a  speci¬ 
fied  time.  No  contract  made  for  more  than  two  years.  First  and 
second  grade  convicts;  first-class  let  out  at  $31  a  month  per  man,  the 
second  class  at  $29.  Do  pot  hire  women,  but  keep  on  State  farm  at 
usual  farm  labor.  Contracts  stipulate  number  of  men  to  be  supplied, 
and  the  greater  or  less  number  of  men  does  not  change  contract  price. 
Contractor  supplies  land,  buildings,  teams,  implements,  and  feed  for 
teams.  State  feeds,  clothes,  guards  and  looks  after  health  and  welfare 
of  convicts.  Contractor  not  charged  for  convicts  to  cook  and  do  chores 
around  camp. 


UTAH. 

State  Constitution  prohibits  the  leasing  or  hiring  out  of  convicts. 
We  are  employing  our  prisoners  on  State  account  working  on  farm  and 
manufacturing  clothes,  shoes,  socks,  etc. 

VERMONT. 

1.  Yes;  all  able-bodied  men. 

2.  No. 

3.  Five  years. 

4.  So  much  per  convict  without  regard  to  efficiency. 

5.  Sixty  cents  per  day. 

6.  No;  they  are  employed  in  kitchen  and  dining  room  for  guards. 

7.  No. 

9.  State  furnishes  power  from  main  shaft,  light,  heat  and  repairs 
to  shops. 

10.  No. 

11.  Yes. 

12.  Sends  last  biennial  report. 

VIRGINIA. 

1.  Yes;  required  to  pay  for  at  least  850. 

2.  Yes. 

3.  Expires  May  1,  1913. 

4.  So  much  per  convict  without  regard  to  efficiency. 

5.  Forty-two  cents  per  day  for  men. 

6.  Yes;  30c.  per  day. 

7.  Calls  for  a  minimum  number  of  850. 

9.  State  furnishes  factory  free  of  rent,  and  keeps  in  repair;  con¬ 
tractors  furnish  heat  and  light. 

10.  Yes. 

11.  Yes. 


16  Digest  of  Laws  Relative  to  the  Employment  of  Convicts. 


WASHINGTON. 

We  have  never  leased  or  hired  out  State  convicts.  For  many 
years  we  operated  a  large  brick  yard  at  the  penitentiary  and  sold  brick 
in  open  market.  Later  we  put  in  machinery  and  manufactured  hemp 
grain  bags,  wool  bags,  etc.  This  mill  wre  are  now  operating,  and  re¬ 
quires  about  400  men.  Beginning  with  three  years  ago  we  experi¬ 
mented  using  our  convicts  in  highway  construction.  This  we  have 
found  very  satisfactory,  and  every  man  w'e  can  spare  from  the  peniten¬ 
tiary  we  have  out  on  road  construction  or  running  rock  crushing  plants, 
preparing  crushed  rock  for  the  roads.  We  have  the  indeterminate  sen¬ 
tence  law  in  this  State,  and  I  (the  Governor)  am  recommending  to  the 
coming  legislature  that  the  State  highway  department  be  permitted 
to  pay  out  of  the  State  highway  funds  fifty  cents  per  day  to  each  con¬ 
vict  who  does  faithful  service  after  he  has  served  his  minimum  sen¬ 
tence,  this  money  to  be  remitted  quarterly  to  his  family  or  those  de¬ 
pendent  upon  him  for  a  living.  If  he  has  no  one  dependent  upon  him, 
the  money  will  then  be  placed  to  his  credit  until  final  release.  While 
fifty  cents  per  day  is  not  very  much  money,  however,  it  is  much  more 
than  some  men  turn  into  their  families  even  when  at  liberty. 

WEST  VIRGINIA. 

1.  Yes;  takes  all  men  assigned  not  to  exceed  a  given  number. 

2.  Not  permitted  to  select. 

3.  Usually  for  five  years. 

4.  So  much  per  convict  without  regard  to  efficiency. 

5.  Fifty  cents;  one  contract,  65c. 

6.  A  few;  compensation  same  as  men. 

7.  No. 

9.  Yes. 

10.  No. 

11.  Yes. 


WISCONSIN. 

1.  Yes;  knitting  socks  and  stockings.  Contract  calls  for  mini¬ 
mum  number  of  men  300,  and  maximum  450. 

2.  No;  warden  assigns  convicts. 

3.  Contract  expires  in  1913. 

4.  So  much  per  convict  without  regard  to  efficiency.  When  task 
finished,  ail  work  over  paid  prisoner. 

5.  Sixty-five  cents,  ten  hours  constituting  a  day’s  work. 

6.  No;  they  are  employed  mending,  etc. 

7.  No;  the  rate  per  diem  is  the  same  without  regard  to  number 
employed. 

9.  Yes. 

10.  Yes. 

11.  Yes. 


Digest  of  Laws  Relative  to  the  Employment  of  Convicts.  17 


12.  Has  reformatory  for  boys,  and  contract  for  making  jackets  and 
overalls  there,  70c.  a  day  each;  boys  have  all  over  task;  two  hours 

school. 

WYOMING. 

Our  convicts  are  now  employed,  under  a  lessee  of  our  penitentiary, 
in  the  manufacture  of  brooms.  This  system  was  entered  into  nearly 
eight  years  ago,  and  the  lease  will  expire  next  April.  During  recent 
election  there  was  a  great  deal  of  criticism  of  this  so-called  leasing 
system,  and  both  parties  advocated  discontinuing  it.  Under  terms  of 
present  lease  the  State  pays  fifty  cents  per  day  for  each  convict,  and 
the  lessee  boards,  clothes  and  cares  for  them,  and  has  all  the  profits 
from  their  labor.  The  lessee  furnishes  guards,  pays  all  expenses  of 
maintenance,  etc.,  the  only  expense  to  the  State  being  the  fifty  cents 
per  day  per  convict.  It  is  anticipated  that  our  legislature  this  winter 
(1911)  will  make  many  changes  in  the  present  system,  doubtless  pro¬ 
viding  for  the  employment  of  a  certain  percentage  of  the  convicts  on 
the  public  roads  of  the  State  and  possibly  arranging  for  younger  pris¬ 
oners  to  be  placed  in  some  separate  institution,  where  they  can  be  em¬ 
ployed  in  the  fields.  Prom  my  own  investigation  of  the  question,  I  am 
convinced  that  in  Wyoming,  the  only  way  to  make  the  service  of  our 
convicts  profitable  would  be  to  employ  as  many  of  them  as  possible  in 
agricultural  pursuits. 


Gaylord  Bros. 

Makers 

Syracuse,  N.  Y. 


r 


30 


12  115404607 


fe'w  ",  -if  '  <*  ft  &r  -.t,.  W»«3f' •Vsr* 

«i«iliiSf 


fA  ;  ?.  •  T?b'sS\ 

tMM§M  ?% if*  Sife:« 

v'jv  -7%  4  i't'  •.  y. ■'?  J%3jr?,  '’  ,*5%  »■;,'-  i t- ifVr  v  -P  •  VY*>':5JpWffr 

.  .;V.i 'M  .  v’  Wft? >. .'(.vv- V'4-v  • .  ;■  >  ’**£ 

S?  S 


BSfpplpI 

■ . '  ■•  ^GtfW&Qir- $|a 
v:#r  v 

km 

b$g|  ^#sS 


wiSii 


. 


*•%.  ‘ '  '-X-'  ■■  X  'P^J;  P'X; 

X  V? 


W  ,  .•*  >•;  *-.  v-v.ro. •!,,  w  .  ...*, 1  yfouA*  ?' 


IMfiKPSlIS 


jggSft 


